I will articulate some distinctions that seem important in thinking about the problems of the changing role of judicial institutions. I will suggest some differing identifications of the major historical roots of our current situation. Further, I will venture my own guesses about where we may be heading
The existence of judicial review confronts scholars of political institutions, particularly scholars...
For forty years, legal academics have been lost in a wilderness born of the countermajoritarian diff...
A Review of The Rise of Modern Judicial Review: From Constitutional Interpretation to Judge-Made La...
Rather than looking at what the courts have produced in the way of philosophy, principles, and conce...
One theme running through the many excellent contributions to this symposium involves the myriad inf...
Ten years ago, and shortly before I took my seat beside my brothers of the United States Court of Ap...
For more years than I care to contemplate—nigh onto thirty—I have been teaching and writing about co...
One theme running through the many excellent contributions to this symposium involves the myriad inf...
It seems to me that academicians and judges perform quite different roles that are complementary to ...
There are few greater delights in legal scholarship than the opportunity to have the last word in a ...
Contribution to Symposium - The Nature of Judicial Authority: A Reflection on Philip Hamburger\u27s...
I was asked to comment on the topic of the conference as it relates to the United States. It is not ...
Recently, an eminent scholar proposed that issues of institutional competency are related to legal d...
The purpose of this Comment is to explore briefly the fundamentals of what Prof. H. L. A. Hart has c...
This Article draws on my legislative and judicial background to focus both on the tendency of the co...
The existence of judicial review confronts scholars of political institutions, particularly scholars...
For forty years, legal academics have been lost in a wilderness born of the countermajoritarian diff...
A Review of The Rise of Modern Judicial Review: From Constitutional Interpretation to Judge-Made La...
Rather than looking at what the courts have produced in the way of philosophy, principles, and conce...
One theme running through the many excellent contributions to this symposium involves the myriad inf...
Ten years ago, and shortly before I took my seat beside my brothers of the United States Court of Ap...
For more years than I care to contemplate—nigh onto thirty—I have been teaching and writing about co...
One theme running through the many excellent contributions to this symposium involves the myriad inf...
It seems to me that academicians and judges perform quite different roles that are complementary to ...
There are few greater delights in legal scholarship than the opportunity to have the last word in a ...
Contribution to Symposium - The Nature of Judicial Authority: A Reflection on Philip Hamburger\u27s...
I was asked to comment on the topic of the conference as it relates to the United States. It is not ...
Recently, an eminent scholar proposed that issues of institutional competency are related to legal d...
The purpose of this Comment is to explore briefly the fundamentals of what Prof. H. L. A. Hart has c...
This Article draws on my legislative and judicial background to focus both on the tendency of the co...
The existence of judicial review confronts scholars of political institutions, particularly scholars...
For forty years, legal academics have been lost in a wilderness born of the countermajoritarian diff...
A Review of The Rise of Modern Judicial Review: From Constitutional Interpretation to Judge-Made La...